THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Access to the Site.
1.1. Limited License to Use and Access.
Subject to these Terms, enginewp grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. You are solely responsible for making all arrangements necessary for you to have access to the Site.
1.3. Restrictions on Use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competing website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
1.4. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
- Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
- Provide any false personal information, or create an account for anyone other than yourself;
- Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
- Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
- Use the Site in any manner that infringes any intellectual property rights or other rights of any party;
- Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material to the Site which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Site;
- Violate any applicable laws or regulations related to the access to or use of the Site or engage in any activity prohibited by these Terms;
- Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- Violate the rights of enginewp or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
- Use any enginewp domain name as a pseudonymous return e-mail address.
Right to Modify and Suspend. enginewp reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that enginewp will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR OR LAW ENFORCEMENT AUTHORITY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
1.5. No Support.
You acknowledge and agree that enginewp will have no obligation to provide you with any support or maintenance in connection with the Site. You are solely responsible for providing, at your own expense, all equipment necessary to access and use the Site, including computers, mobile devices and Internet access (including payment of data and user service fees associated with such access).
1.6 Intellectual Property Rights.
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in and to the Site and its contents are owned by enginewp or enginewp otherwise has the right to use them as part of the Site, and are subject to the copyright or other intellectual property rights of enginewp and/or to the terms of licenses held by Rethink402. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Rethink402 and its partners, sponsors, advertisers or suppliers (including all parties involved in creating, producing and delivering the Site and its content) (collectively, “Suppliers”) reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Any unauthorized use of the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of content displayed on, or obtained through, the Site will not infringe the rights of third parties.
Copyright © 2020 enginewp, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party who owns the Marks.
2. No Advice.
The Site provides general information only. Each user’s financial situation, circumstances, specific needs and objectives are different. Each user should evaluate the information on the Site and is encouraged to do further research before taking any action, inaction, or making any decision based on the content provided on the Site. Information provided by or through the Site is not intended to be, nor should it be construed or used as, (a) investment, accounting, tax, legal, insurance or other professional advice or (b) a recommendation directed to any particular person. Decisions based on the content provided on or through the Site are your sole responsibility and you agree that we are not liable for any action you take, inaction, or decision you make in reliance upon any content provided on or through the Site.
The Site may include content provided by third parties, including materials provided by other users, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
3. User Content.
3.1. “User Content” means any and all information and content that a user submits to, or uses with, or posts on the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that your User Content will not violate these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by, or affiliated with, enginewp. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms. enginewp is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2. Restrictions on User Content.
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary or contractual right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, profane, indecent, obscene or patently offensive; (c) that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (d) that is harmful to minors in any way; (e) that is otherwise objectionable in our sole discretion; or (f) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
3.3. Right to Review and Remove.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 7, reporting you to law enforcement authorities, and/or pursuing any other rights or remedies available to us at law or in equity.
If you provide enginewp with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to enginewp all rights in such Feedback and agree that enginewp shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. enginewp will treat any Feedback you provide to enginewp as non-confidential and non-proprietary. You agree that you will not submit to enginewp any information or ideas that you consider to be confidential or proprietary. We have no obligation to use or respond to any Feedback that is submitted.
3.5. License to Use User Content and Feedback.
You hereby grant (and you represent and warrant that you have the right to grant) to enginewp an irrevocable, nonexclusive, royalty-free and fully paid, perpetual worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Feedback, and to grant sublicenses of the foregoing rights, in any manner it deems appropriate, all without compensating or notifying you or identifying you as a contributor. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.6. Responsibility for User Content by User.
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. enginewp does not sponsor or endorse any User Content. Your interactions with other Site users are solely between you and such users. You agree that enginewp will not be responsible for any loss or damage incurred as the result of any such interactions or any User Content posted by others. If there is a dispute between you and any Site user, we are under no obligation to become involved.
4. Indemnification and Defense.
You agree to indemnify and hold enginewp and its owners, members, managers, officers, employees, contractors, agents, affiliates, licensors, service providers, suppliers, successors and assigns (collectively, its “Representatives”) harmless from any and all claims, liabilities, damages, losses, costs, awards, demands, expenses and fees (including attorneys’ fees) made by any third party due to or arising out of or in connection with (a) your use of the Site, or any content or materials on the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or rights of a third party or (d) your User Content. enginewp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of enginewp. enginewp will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads.
5.1. Third-Party Links & Ads.
5.2. Affiliate Links.
An affiliate link (“Affiliate Link”) is any Third-Party Links & Ads for which enginewp receives compensation based on clicks and/or user activity on the third party’s website. enginewp uses Affiliate Links on the Site. You may assume that all Third-Party Links & Ads on the Site are Affiliate Links. When you click an Affiliate Link, your web browser automatically shares certain information. This includes, for example, the web address of the page that you are visiting and your IP address. We may also set cookies on your browser or read cookies that are already there.
5.3. Linking to the Site and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
6. Limits on Liability.
6.1. Waiver of Claims.
You hereby release and forever discharge enginewp and its Representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
6.2. Disclaimer of Warranties.
THE SITE, AND ALL CONTENT, PRODUCTS AND SERVICES CONTAINED THEREON, ACCESSED THROUGH OR PROVIDED BY THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. enginewp (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OR USE AS TO THE SITE, INCLUDING THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, OR CONTENT, PRODUCTS OR SERVICES CONTAINED ON, ACCESSED THROUGH OR PROVIDED BY THE SITE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, FREE FROM MISTAKES OR DEFECTS, RELIABLE, FREE OF VIRUSES, OTHER HARMFUL CODE, SECURITY PROBLEMS (INCLUDING UNAUTHORIZED INTERCEPTION OF DATA OR COMMUNICATIONS), COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6.3. Limitation on Liability.
ACCESS TO, AND USE OF, THE SITE, INCLUDING THE DOWNLOADING OR OTHER ACQUISITION OF MATERIALS OR INFORMATION FROM OR THROUGH THE SITE, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT SHALL enginewp, NOR ANY OF ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE; OMISSION ON OUR SITE; INTERRUPTION OF AVAILABILITY OF OUR SITE; DEFECT ON OUR SITE; DELAY IN OPERATION OR TRANSMISSION OF OUR SITE; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- PUNITIVE DAMAGES.
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR WHETHER CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS OUR SITE. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR ANY PART THEREOF OR ANY ACTION ARISING UNDER THESE TERMS.
6.4 Force Majeure Events.
In addition to any excuse provided by applicable law, enginewp shall be excused from any liability resulting from any event beyond our reasonable control.
6.5. Enforceable Only Against Company.
You agree that any claim, judgment or order against enginewp that may arise under these Terms or in connection with the Site is enforceable only against enginewp and enginewp’s assets. No judgment, order or execution entered in any suit, action or proceeding in your favor may be obtained or enforced against any owner, member, manager, officer, employee, agent or affiliate of enginewp or against the individual assets of any such persons and you hereby expressly waive and renounce any right to proceed against such persons.
7. Term and Termination.
Subject to this Section 7, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion and without notice to you, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and your right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. enginewp will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. By providing material on our Site, we do not in any way promise that the materials will remain available to you. enginewp is entitled to terminate all or any part of any of the Site without notice to you. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Section 1.6 and Sections 2 through 11 and any other provisions that, by their nature, survive termination of these Terms.
8. Copyright Policy and Infringement Complaints.
enginewp respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
(a) your physical or electronic signature;
(b) identification of the copyrighted work(s) that you claim to have been infringed;
(c) identification of the material on our Site that you claim is infringing and that you request us to remove;
(d) sufficient information to permit us to locate such material;
(e) your address, telephone number, and email address;
(f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, is potentially liable for damages, including costs and attorneys’ fees, incurred by us.
9. Changes to the Terms and the Site.
These Terms are effective as of the “Last Revised” date set forth above. We have the right to change or update these Terms at our discretion.
As you use the Site we would ask that you let us know if you would like to see improvements or changes that would make it even easier for you to find or engage the information you need and want. All we ask is that you agree to abide by these Terms. Take a few minutes to look them over because by using the Site you automatically agree to them. If you don’t agree, please do not use the Site. We may revise and update these Terms from time to time as we deem necessary at any time.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. All changes are effective immediately when we post them and apply to all access and use of the Site thereafter. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. We are under no obligation to update such material.
10. Dispute Resolution. Please read this Section 10 carefully. It is part of your contract with enginewp and affects your rights.
If a claim or dispute (a “Dispute”) arises out of or in connection with the Site, or these Terms, or the use of any content, product or service provided by enginewp, the parties shall attempt in good faith to resolve the Dispute informally through mutual discussions. Either party may give written notice of a Dispute (a “Dispute Notice”) to the other party. If the dispute is not resolved informally through mutual discussions within thirty (30) days of receipt by the non-claiming party of the Dispute Notice, each party, without further delay, shall be free to pursue whatever legal remedies it may have, subject to the provisions set forth in this Section 10.
10.2. Each party irrevocably consents and agrees that the United States federal or Nebraska state courts located in Omaha, Nebraska shall have exclusive jurisdiction over any legal action or proceedings brought by either party in connection with the Site, or these Terms, or the use of any content, product or service provided by enginewp, and each party (a) accepts the jurisdiction of the foregoing courts, (b) irrevocably agrees to be bound by any final judgment (after any appeal) of any such court, and (c) irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding brought in any such court, and further irrevocably waives to the fullest extent permitted by law any claim that any suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Each party agrees that a final judgment (after any appeal) in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner to the extent provided by law. To the extent you have in any manner violated or threatened to violate enginewp and/or its affiliates’ intellectual property rights, enginewp and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts.
10.3. Waiver of Trial by Jury.
EACH PARTY HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION RELATED TO A DISPUTE.
10.4. Waiver of Class Action.
ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
11.1. Export Laws.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from enginewp or the Site, or any products utilizing such data, in violation of the United States export laws or regulations.
11.2. California Residents.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.3. Electronic Communications, Transactions, and Signatures.
The communications between you and enginewp use electronic means, whether you use the Site or send us emails, or whether enginewp posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from enginewp in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that enginewp provides to you electronically, via email, and on the Site, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. The foregoing does not affect your non-waivable rights.
11.4. Entire Agreement; Construction; Assignment.
11.5. Governing Law.
These Terms and all related documents are governed by, and construed in accordance with, the laws of the State of Nebraska, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such provisions would require or permit the application of the laws of any jurisdiction other than those of the State of Nebraska. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent, the other provisions of these Terms will be unimpaired and continue in full force and effect and the invalid or unenforceable provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.